Facts of the Case
- The
petitioner, M/s Tushar Products, filed a writ petition under
Article 226 of the Constitution of India challenging:
- A Show
Cause Notice (SCN) dated 23rd July 2024 issued by the Deputy
Commissioner, Anti‑Evasion, CGST, Delhi North.
- An Order‑in‑Original
No. 83/ADC/D.N. dated 27th January 2025 passed by the Additional
Commissioner, CGST.
- The
SCN and impugned order related to input tax credit (ITC) alleged to
have been wrongly availed/utilised by the petitioner, amounting to more
than ₹89 Crores across multiple financial years.
- Demand raised: ₹20,02,708/‑ (Tax + Penalty).
Issues Involved
- Whether
a single consolidated Show Cause Notice can be issued for multiple
tax periods under the CGST Act, 2017?
- Whether the impugned order was maintainable or required to be challenged before the Appellate Authority under Section 107 of the CGST Act?
Petitioner’s Arguments
- The petitioner contended that issuing a single consolidated SCN covering more than one financial year was not permissible under the CGST statute.
Respondent’s Arguments
- The respondent argued that under Sections 73(3), 73(4), 74(3), and 74(4) of the CGST Act, a notice can be issued for any period, which may encompass more than one tax period, especially where fraudulent availment/utilisation of ITC is alleged.
Court’s Findings / Order
- The
High Court held that:
- The
language of Sections 73(3), 73(4), 74(3), and 74(4) clearly
permits issuing a consolidated SCN covering multiple periods,
where the same grounds apply for the entire period.
- The
legislature consciously used terms such as “for any period”
instead of restricting notice to individual financial years.
- Fraudulent
misuse of input tax credit often requires analyzing transactions across
several years; thus a consolidated SCN is legitimate and in some cases
necessary.
- The
impugned Order‑in‑Original is appealable before the Appellate
Authority under Section 107 of the CGST Act.
- Result: Petition dismissed with liberty to file an appeal by 30th September 2025 with requisite pre‑deposits; appeal shall not be dismissed on the ground of limitation.
Important Clarifications
- Consolidated
Show Cause Notices for multiple tax periods are permitted
under the GST law, especially in cases involving alleged fraudulent ITC.
- The
statutory language shows legislative intent to enable consolidated
proceedings where grounds and facts are interlinked across periods.
- The remedy lies in statutory appeal, not in writ jurisdiction, where the order is appealable.
Link to
download the order - https://delhihighcourt.nic.in/app/showFileJudgment/PMS20082025CW55222025_124513.pdf
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